[RG Kar Rape-Murder] Custodial Torture Of Two Women; SC Revokes CBI Probe, Orders SIT Investigation

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A Bench led by Justices Surya Kant and Ujjal Bhuyan passed the order on an appeal by the West Bengal government, which had challenged a High Court decision that transferred the investigation from the State police to the Central Bureau of Investigation (CBI).

[RG-Kar Rape-Murder] Custodial Torture Of Two Women, SC Revokes CBI Probe, Orders SIT Investigation

NEW DELHI: The Supreme Court on Monday(25th Nov) ordered a Special Investigation Team (SIT) probe into the alleged custodial torture of two women arrested during protests in West Bengal following the rape and murder of a resident doctor at RG Kar hospital.

A Bench led by Justices Surya Kant and Ujjal Bhuyan passed the order on an appeal by the West Bengal government, which had challenged a High Court decision that transferred the investigation from the State police to the Central Bureau of Investigation (CBI).

The Court directed the formation of a new SIT and requested the Calcutta High Court to establish a bench for regular monitoring of the investigation.

“We hereby constitute a fresh SIT. The High Court is requested to form a Bench for periodic monitoring. The case records are to be handed over to the SIT for an independent investigation, free of any prior observations,”

the Supreme Court ruled.

BRIEF FACTS

The case involves two women, Rama Das and Rebeka Khatun Molla, who were arrested amid protests triggered by the RG Kar rape and murder in August. They faced charges under the Bharatiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Information Technology Act, 2000.

Das and Molla later filed a petition in the High Court seeking a CBI probe and compensation, alleging torture by the State police. The petitioners claimed that they were arrested without justification and accused of inciting another protestor to make remarks against the minor daughter of Trinamool Congress leader Abhishek Banerjee.

On October 8, Justice Rajarshi Bharadwaj of the Calcutta High Court took serious note of the allegations of torture while Das was in police custody from September 8 to 11. The High Court subsequently ordered a CBI probe into the matter.

On November 6, a Division Bench of the Calcutta High Court, led by Chief Justice TS Sivagnanam, upheld the decision, rejecting the West Bengal government’s appeal. This decision was challenged by the state before the Supreme Court.

On November 11, the Supreme Court stayed the Calcutta High Court’s order for a CBI investigation and directed the State to provide a list of Indian Police Service (IPS) officers, including women, to form the SIT.

During today’s hearing, the Bench criticized frequent insinuations against the State police. “You (petitioner’s counsel) think these inspectors cannot investigate their own officers? How will we function?” the Court asked.

The Court also questioned how the CBI, already burdened with a heavy workload, could manage the case.

Representing the arrested women, Senior Advocate Ranjit Kumar argued that political pressure was involved, especially since remarks during the protests targeted the daughter of TMC leader Abhishek Banerjee. He pointed out that even bail had been denied, and the women had been arrested for merely clapping during a speech.

However, the Court cautioned that such claims of bias could cast aspersions on the entire IPS force in West Bengal.

“It will undermine the entire IPS force in the state! These officers must come forward with the truth, or other options will be considered,” the Court remarked.

Senior Advocate Kapil Sibal, representing the West Bengal government, suggested that the Supreme Court itself could monitor the investigation to alleviate any concerns of bias.